ARTICLE IV – GENERALLY

          1‑4‑1          COUNTY SEAL.  The offical seal of Union County, Illinois shall consist of concentric circles enclosing the outline of Union County and shall bear the words “County of Union, Illinois – 1827″ to indicate the year of the County’s founding.  The likeness of theCountySeal may be used by any office or department of theCountyGovernment when used for official business for advertisement, publications, letterheads, and other purposes.

          1‑4‑2          COUNTY OFFICIALS AND SALARIES.  The various appointed officials ofUnionCounty shall receive fromUnionCounty an annual salary as established from time to time by ordinance by theCountyBoard of Commissioners.

          1‑4‑3          BIDDING AND CONTRACT PROCEDURES.

          (A)              Competitive Bidding Required.  Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, and all purchases of and contracts for supplies, materials, and services shall, except as specifically provided herein, be based whenever possible on competitive bids.

          (B)              Notice Inviting Bids.  Notice inviting bids shall be published at least once in a newspaper with general circulation within the County.  The County shall also advertise all pending work or purchases by posting a notice on the public bulletin board in the Courthouse.

          (C)              Scope of Notice.  The newspaper notice required herein shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids.

          (D)              Bid Deposits.  When deemed necessary by the County Board bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their bid deposits upon the award of the contract by the County Board. A successful bidder shall forfeit any bid deposit required by the Board upon failure on his part to enter into a contract within ten (10) days after the award.

          (E)              Bid Opening Procedure.

                    (1)     Sealed. Bids shall be submitted sealed to the County and shall be identified as bids on the envelope.

                    (2)     Opening. Bids shall be opened in public at the time and place stated in the public notice.

                    (3)     Tabulation.  A tabulation of all bids received shall be made by the Board or by a County employee, in which event, a tabulation of the bids shall be furnished to theCountyBoard at its next regular meeting.

          (F)               Rejection of Bids. TheCountyBoard shall have the authority to reject all bids or parts of all bids when the public interest will be served thereby.

          (G)              Bidders in Default to County Board.  TheCountyBoard shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the County.

          (H)              Award of Contract.

                    (1)     Authority in County.  The Board shall have the authority to award contracts within the purview of this section.

                    (2)     Lowest Responsible Bidder.  Contracts shall be awarded to the lowest responsible bidder on the basis of the bid that is in the best interest of the County to accept. In awarding the contract, in addition to price, the Board shall consider:

                              (a)     The ability, capacity and skill of the bidder to perform the contract to provide the service required;

                              (b)     Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

                              (c)     The character, integrity, reputation, judgment, experience and efficiency of the bidder;

                              (d)     The quality of the performance of previous contracts or services;

                              (e)     The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

                              (f)      The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

                              (g)     The quality, availability and adaptability of the supplies or contractual services to the particular use required;

                              (h)     The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

                              (i)      The number and scope of conditions attached to the bid.

                    (3)     Performance Bonds.  TheCountyBoard shall have the authority to require a performance bond, before entering into a contract, in such amounts as it shall find reasonably necessary to protect the best interests of the County.

          (I)               Open Market Procedure.  All work and purchases of supplies, materials and services of less than the estimated value of Twenty Thousand Dollars ($20,000.00) shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts.

          (J)               Professional Services Exempt From Bidding Require­ments.  All contracts for professional services, including, but not limited to, attorneys, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits or discourages involvement in normal bidding procedures, may be entered into by the County without observing the bidding procedures prescribed by this Section for the award of formal contracts.

          (K)              Emergency Purchases.  In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the County Board shall be empowered to secure by open market procedure as herein set forth, at the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure.

          (L)               Cooperative Purchasing.  The County shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the County would be served thereby.

          (M)              The County shall purchase equipment, services, materials, and supplies in accordance with Section 5-1022 “Competitive Bids”, and in accordance with the provisions of that Act may, by County Board action, in circumstances deemed proper by the County Board, make purchases of used equipment, make purchases of items in transactions which by their very nature are not suitable for competitive bidding, and make purchases of certain items by contract with the state or federal government.

          1‑4‑4          CLAIMS.

          (A)               Presentation.  All claims against the County for goods purchased, damaged, or originating in any other way, except for claims for salaries and other allowances that are fixed by ordinance must be presented at least five (5) business days prior to theCountyBoard meeting.  All such claims must be in writing and items shall be specified.

          (B)              Exception.  This does not prohibit the County Board from passing on any claims not previously presented to the Board, if, in the opinion of the Board, justice to the claimant requires it.

          (C)              Prioritization.  The County Treasurer and County Clerk, upon prior consultation with theCountyBoard, may prioritize the payment of claims against certain funds.  When it is agreed by all parties that the payment of claims should be prioritized due to financial constraints or other factors, the priority of payment shall be as follows:

                    (1)     Payroll and employee benefits.

                    (2)     Necessary utilities.

                    (3)     Other goods and services.

Claims shall be as soon as practical following their approval.

          1‑4‑5          INSURANCE.  The County Board shall have the power to purchase liability insurance covering and insuring all County officers, employees and elected officials; said insurance to cover incidents occurring while in the performance of their duties, which insurance may insure, cover and protect any liability which the County officer, employee or elected official may incur.  When the insurance has been purchased, the County shall be responsible for all premiums and deductible charges called for by any valid liability insurance policy covering the County officer, employee or elected official.

          1‑4‑6          INDEMNIFICATION. If the County Board elects not to purchase liability insurance covering and insuring County officers, elected officials and employees as provided in Section 1‑4‑5 of this Chapter, then the County shall indemnify and cause to defend County officers, elected officials and employees from any claim filed by an individual, partnership or corporation when the elected officials or employees while in the performance of their official duties, except the County shall not indemnify, but shall defend any officer, elected official or employee from any claim made by an individual, partnership or corporation wherein the claim alleges that the officer, elected official or employee acted intentionally, maliciously or wantonly and further, shall not indemnify or cause to defend the officials or employees where the claim is directly or indirectly related to the negligent care or use of a vehicle as defined by the Illinois Compiled Statutes, and the County shall not indemnify any officer, elected official or employee from any claim made by an officer, elected official or employee.

Not withstanding any other provision of this Code, the County shall not indemnify or cause to defend any officers, elected officials or employees if the officers, elected officials or employees have liability insurance insuring the officers, elected officials or employees from the alleged claim; however, the County shall indemnify the officer, elected official or employee the personal deductible limits of their personal policy.

          1‑4‑7          ILLINOIS MUNICIPAL RETIREMENT FUND.

          (A)              The County does hereby elect to participate in the Illinois Municipal Retirement Fund.

          (B)              Special Tax.  The County includes in its levy and appropriation ordinance provisions for the levying of a special tax to pay the County’s cost of participating in the Retirement Fund and appropriate funds therefrom to pay the cost of participa­tion.  (Res. July 13th, 1981)

          1‑4‑8          FEDERAL OLD AGE AND SURVIVOR’S INSURANCE SYSTEM.

          (A)              Eligible employees shall mean all employees of the County, eligible under the Federal Act.

          (B)              Withholdings from salaries or wages of employees for the purpose provided in sections hereof are hereby authorized to be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations.

          1-4-9          TOBACCO USE PROHIBITED.  All County buildings are hereby declared tobacco-free facilities.  Smoking and the use of other tobacco products are prohibited inside all facilities, with the exception of the telecommunications room at the Union County Jail.  This shall be designated as a smoking area for employees only.

          1-4-10        SOLICITORS PROHIBITED.

          (A)              It shall be unlawful for any solicitor or canvasser as defined in paragraph (B) of this Section to engage in such business within all County owned buildings.

          (B)              A solicitor or canvasser is defined as any individual taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject for such sale or whether he is collecting advance payments on such sales or not.

          (C)              The Sheriff shall post at each entrance to the buildings a sign stating “No Solicitors or Canvassers”.  The failure of the Sheriff to post such signs or the absence of such a sign on any occasion shall not affect the validity of this Section.

          (D)              It shall be the duty of the Sheriff to enforce the provisions of this Section against any person found to be violating the same.

          1-4-11        DEPOSITORIES FOR COUNTY FUNDS.  The following banks are hereby designated as depositories for the funds of the County Treasurer and ex-officio County Collector:

Anna-Jonesboro Bank                          Farmers State Bank, Alto Pass

Anna State Bank                                 U.S. Bank, Cobden, IL

First State Bank of Dongola                 Capaha Bank of Anna, IL